>> jesse: "special report" up next. bret baier is actually here in new york today. greg and bret in the same building. watch out. >> bret: thanks. still no memo. president trump's chief of staff says the controversial surveillance document is coming but the fbi officially does not want you to see it. a train carrying republican lawmakers to retreat crashes in west virginia, killing one person. investigators are on the scene. plus we go back to michigan for heartland state of the union reactions. this is "special report" ." good evening. i am bret baier. we are coming to you tonight from fox news world headquarters in new york. our top story is about 250 miles outside washington, d.c. one person is dead and a lot of republican lawmakers are shaken up after a train carrying them

to a political retreat hit a truck on the railroad tracks near the west virginia border, the virginia border with west virginia. several people on board the train taken to hospitals are naturally right after it happens, question started about whether this was an accident or something else. correspondent peter doocy has the latest from white sulfur springs, west virginia. >> good evening. almost three hours into a chartered train ride from washington, d.c., to west virginia to come were jolted. they heard a loud noise. the cars screeched from 70 to 0, according to one member. that's because their ride to her retreat collided with the garbage truck on the tracks in the town of crozet. within minutes, as a strong electrical smell filled the cabin, the capitol police pleaded with any physicians on board to administer first aid to the most seriously injured. that's when a handful of legislators turned into lifesavers. among the doctors on board,

louisiana senator bill cassidy, ohio congressman brad webster, texas congressman michael burgess, tennessee congressman bill rowe, and kansas congressman roger marshall who told us to the passengers in the truck require the most urgent attention. one could not be saved. space so we could not find a pulse. his pupils were fixed and dilated. that it was best to call the code and move our attention back to the first victim. >> five train passengers were taken to the university of virginia hospital for head injuries, including a staffer for house speaker paul ryan and a representative from minnesota, congressman jason lewis, who was evaluated for a concussion and tells fox "i'm fine compared to tragically the truck drivers and thankful for the prompt action of our doctors and first responders. my thoughts are with the family of the individual passed away." in d.c., the president says it's going to be a while until

authorities know how truck and it up on the tracks in front of a heavily guarded train. >> we don't have a full understanding yet as to what happened, but it was a train hitting a truck going at a pretty, pretty good speed. and we will have a full report. speaker at the point of impact, the badly damaged engine car was eventually removed and the remaining cars were towed backwards to a train station in downtown charlottesville where republicans were quickly loaded onto buses for a drive to their retreat. >> it's certainly a somber mood. thinking about those who were seriously injured, the deceased, some who were pretty bruised up. someone had a cut on their hands. it was quite a jolt. >> they transfer from train cars

to buses in charlottesville was tense at times because state and local authorities were not expecting to have half of congress drop by the middle of a college town in the middle of the day. lawmakers that i spoke to are upset about what happened but they are here, now trying to refocus on their 2018 agenda. bret. >> bret: thank you peter. strong indications tonight that you will get to see the classified memo that republicans say detail surveillance abuses by the intelligence community during its investigation of the trump presidential campaign. so far, that document is still under lock and key. the fbi director is pushing back publicly, saying this memo should not come out. tonight we learn just how raw emotions were in the house intelligence committee meeting monday about this memo. chief intelligence correspondent catherine herridge has amazing quotes. >> late today the house intelligence committee released a 51 transcript that shows

monday's vote release republican draft of memo was acrimonious, at times bitter, with allegations flying from democrats. this exchange, mike quigley presses devin nunes over whether he coordinate with the white house. "if they have any i.d. were doing this questionnaire" did you suggest it? >> as far as i know, no. i would say we are well aware that the minority has not wanted to conduct this investigation by the public opposition to the subpoenas were issued we issued in august. after the transcripts were released, adam schiff highlighted the passage because of a follow-up question about staff coordination. today the feud between the fbi, justice department, and capitol hill took a new turn with a rare public statement claiming the four-page memo is misleading and incomplete. it reads in part, the fbi was provided limited opportunity to review the memo.

as expressed during the initial review, we have grave concerns about material omissions and facts that fundamentally impact the accuracy. strzok are disputed the claim. nunes disputed the claim. in what appears to be a reference to the trump dossier funded by the clinton campaign and dnc, nunes. "it's clear." christopher wray and deputy attorney general rod rosenstein left the white house earlier this week. sources both men have voiced concerns about the memo with rosenstein "pushing back hard." the president seemed to make his feelings known.

the committee had no comment today on a possible timing for the release of the memo in the last few minutes we've got some new information that gets us some context on christopher wray's review of the memo. we are told he had an hour and half to look at the four-page document. >> bret: more on this with the panel. there is little evidence tonight of a bipartisan awakening following last nights call for unity in president trump's first state of the union speech. john roberts looks at the president's efforts to reach across the aisle. >> good evening. many times in the past, presidents have hit the road immediately after the state of the union address does have their policies were included in the speech. president trump prefer to stay here at the white house and that the themes of his speech marinade for a while. president trump got high marks from republicans for a state of

the union address, in which he extended an olive branch to democrats. >> two nights i am extending an open hand to give members of both parties, democrats and republicans, to protect our citizens of every background, color, religion, and creed. >> daca is the most urgent priority. president trump released a compromise. >> president trump: detailed proposal that should be supported by both parties has a fair compromise. one where nobody gets everything they want about where our country gets the critical reforms it needs and must have. to speak with the deal offers a path to citizenship, 1.8 million dreamers, three times the number of people president obama protected. democrats say the trade-offs were border security, chain migration in the visa lottery or something they won't swallow.

sticker it was dangerous what he said last night. what he is doing brings tears to the eyes of the statue of liberty and instills fear in the hearts of people who are concerned about our dreamers. >> president trump: it's time to rebuild our crumbling infrastructure. >> president trump hopes to build support for an infrastructure program. >> president trump: every federal dollar should be leveraged by partnering with state and local governments and where appropriate tapping into private sector investment to permanently fix the infrastructure deficit. >> democrats on the record supporting infrastructure renewal blew a raspberry at that, calling it "puny." >> president trump tried to put a fresh coat of paint on a failing presidency. it didn't work. american see through the

rhetoric and understand the reality. >> democrats sat on their hands much of the night, refusing to acknowledge items like a historic low for african-american unemployment and corporate bonuses for employees. a byproduct of tax reform that president trump highlighted today, inviting workers from five states to the oval office. >> we have some companies that have announced 3,000 bonuses and in some cases even more. some have given raises to the minimum wage up to 12, 13, 14 and even $15. >> divisions continued today over the white house plan release of the republican fisa memo. in an interview with brian kilmeade, john kelly saying the sooner it is out, the better. >> it will be released pretty quick. >> there were some moments during the state of the union that brought to both sides to their feet. many guests invited by the

white house, including a north korean defector, who was raised crutches became the face of north korean oppression. late developing news with the fisa memo. senior administration official tells fox news that late yesterday before the president left for the state of the union, five career officials from the fbi came over to discuss the memo and view it with the chief of staff, john kelly. the fbi officials has seen an earlier version of it. they were concerned about the contents of it, particularly sources and methods. i am told the version they saw last night have been changed somewhat from the version they were concerned about earlier. yet the fbi still went ahead and released the statement of concern. we will keep chasing it. >> bret: okay, john roberts five on the north lawn. thanks. estimated 46 many people tuned in to watch the state of the union address on television.

fox news fox news channel was as number one choice on television. 11.5 million people watched on fox news, making it the most-watched state of the union address in the history of cable news. we thank you for watching. hillary clinton says she should've fired a senior campaign advisor accused of sexual harassment in 2007. clinton posted an explanation on facebook last night minutes before the president's state of the union speech. last week "the new york times" reporting clinton rejected a recommendation from her senior staff to get rid of faith-based advisor burns strider after several sexual harassment allegations have surfaced. one of the most high-profile republican lawmakers and capitol hill is getting out of politics. south carolina congressman trey gowdy who is a former federal prosecutor says he's returning to the justice system. chief congressional correspondent back in my annual -- mike emanuel says it's among partisan warfare.

>> i call upon all of us to set aside our differences. >> republican leaders hope president trump's efforts to reach across the aisle will lead to areas of cooperation. top house democrats are not changing their tune. >> one speech doesn't erase a conflict ridden chaotic year that striven our country even further apart. >> leaders facing retirements. trey gowdy is 1 of 9 house committee chairs announcing they won't seek reelection. their focus is on getting things done. republican lawmakers intend to set their agenda for the rest of 2018. >> we'll be spending time around infrastructure, workforce development as well as the budget process itself.

>> one area expected to attract democrats support is on rebuilding infrastructure. >> we've been through so many battles. hopefully we get the ability to start putting the real meat on the bone. >> house leader mocked the president's proposal. >> the president presents himself as a man of big ideas and then he presents a lame, puny infrastructure proposal. >> facing the government funding deadline next week and a daca deadline in march, a senate republican says it's time for democrats to get serious. >> we have to do something on the border and want to make sure that on march 5 or whatever we don't have 670,000 people in school or currently employed losing their work status. >> adding to the deadline pressure, congressional budget office said lawmakers would likely need to raise the debt ceiling in early march. the previous estimate was congress had until late march or early april. bret.

>> bret: mike emanuel, thanks. new jersey democrat senator bob menendez is off the legal hope tonight. the federal government will not retry menendez on corruption charges. this comes after a judge throughout several bribery counts. here's senior correspondent rick leventhal. >> justice department spent nearly five years investigating new jersey senator bob menendez on allegations of corruption and bribery. his trial last fall at the federal courthouse in newark lasted 11 weeks. before a jury said it was hopelessly deadlocked and a mistrial declared in november. >> i wish there was stronger evidence right out of the gate. it was a victimless crime i think. >> despite the threat of a retrial, the senator was boldly confident that day. >> to those who were digging my political grave so they could jump into my seat, i know who you are and i won't forget you. >> he was accused of trading political influence for hundreds of thousands of dollars in campaign called visions,

accepting free trips, hotel suites, and rides on a private jet courtesy of wealthy eye dr. solomon mulligan who was convicted and sent the case of health care fraud and is now awaiting sentencing. earlier this month, federal prosecutors said they would retry menendez, then a judge throughout some of the counts. even though the senator still faced 11 charges of bribery, fraud, and conspiracy, the feds announced they are dismissing the case. "from the very beginning, he never wavered in my innocence in my belief that justice would prevail. i'm grateful the department of justice has taken the time to reevaluate its case and come to the appropriate conclusion." fox news senior judicial analyst judge andrew napolitano says he was stunned by this news. >> the court peered down the charges and in doing so got rid of the garbage that the government should have gotten rid of and made it a stronger case. this was virtually a slam dunk the second time around. >> menendez said he planned to

seek reelection, not having corruption charges hanging over his head could help him keep his seat. >> bret: thinks. when we come back on the markets rebound after big losses linked to amazon's decision to start a new health care company. with 33 individual vertebrae and 640 muscles in the human body, no two of us are alike. life made more effortless through adaptability. the perfect position seat in the lincoln continental. ( ♪ ) almost $800 when we switched our auto and home insurance. with liberty, we could afford a real babysitter instead of your brother. >>hey. oh, that's my robe. >>is it? when you switch to liberty mutual, you could save $782 on auto and home insurance

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♪ >> bret: a federal appeals court upholding the structure of the u.s. consumer financial protection bureau. the panel says its constitutional towbar the president from firing the bureau director at will. president trump remove the agencies acting director last fall and replaced her with budget to office chief mick mulvaney. currently both are still reporting to work at the agency

every day. today's ruling overturns a 2016 decision that had given presidents the power of dismissal over the director. stocks were back in positive territory today after major losses tuesday. dow gained 72.5. s&p 500 picked up 1. nasdaq gained 9. yesterday's news of a new health care company from amazon, berkshire hathaway, jpmorgan chase shook up the markets and relay the entire health care industry. tonight deirdre bolton of fox business network joins us. i join her, really. >> and indoors. more comfortable here. the markets, they closed off the highs that we had the statement from the fed, rates on hold. the indication is we are going to see some rates going higher, which essentially means that just becomes more expensive from corporations or even us if we to pay. that sometimes puts a little bit of water on the stock market.

we are watching the health care stocks. this is an amazing story. amazon, jpmorgan chase, berkshire hathaway, saying it's really expensive for our employees. we are paying a lot of money for their health insurance. we are going to form a nonprofit. they haven't even really been that much more specific than that. they are going to try to tackle health care. together these three companies have about a million employees. they have a lot of weight, a lot of muscle. once you say amazon, it's like, do you remember in august when amazon bought whole foods, the markets went crazy. although grocery store stocks went down and that's where sing with health care stocks. i can go through a few, a few that recuperate after yesterday. a few more continue to move lower. essentially it seems like these three companies are going to form this nonprofit. doesn't even start until december but the fact that they

are announcing it is pressuring the health care group greatly. with amazon's technology, it's probably going to get some other insurers a run for their money. >> bret: the future of health care is kind of influx here as washington tries to figure out what to do. companies are deciding what to do on their own. >> i think that's the most amazing point. when we talk about single-payer health care, a lot of people especially conservatives say it's close to socialism but in many ways are looking at that offered through corporation's and some of the government. seems like the private sector solving a problem the public sector or government can't. >> bret: canadian prime minister justin trudeau says he does not think president trump will withdraw the u.s. from nafta. trudeau told a winnipeg radio station scrapping the trade deal with her u.s. workers and industries. foreign ministers from the u.s., canada, and mexico will meet friday to discuss talks at eight aimed at revising the agreement which president trump has called a disaster.

the director for the senate centers for disease control and prevention has resigned because of financial conflict of interest. dr. brenda fitzgerald had been on the job since july. statement from the department of health and human services has fitzgerald's complex financial interests had caused complex that made it difficult to do her job. we've been talking about the state of the union address. last night we took you to a michigan county that's normally very accurate in its presidential picks. we asked folks what they are expecting from the state of union last night. tonight she and tobin is back in van buren county, michigan, to get reaction. >> if there was a common desire from the right and left in van buren county, michigan, they wanted a message from the president that would bridge the bitter political divide in the u.s. >> i thought it was upbeat and he touched on all the things he had done and he laid out a plan for the future. >> there were some points in there that i think are points

for unity. >> a woman who promise there was nothing this president could say to win her over. >> there were a couple things i agreed with. one thing i hadn't heard before is the rehabilitation for people leaving prison which i think is a really good idea. >> trump supporters of the absence of unity belongs to the left almost definite when the congressional black caucus sat stone-faced when positive news about minority jobs. >> they sat there when they said black on the plummet was the lowest in history not one reacted positively. >> trump opponents say there is nothing to cheer. stick with his behavior and attitude, his words have shown him to be a racist. >> the president's use of guests got positive and negative reviews. >> seemed he was taking advantage of it to make a point. they were so clearly in deep grief. >> i was impressed with how he was able to weave every one of

his guests into a great story line. and how that affected his policies. >> wanted to came to immigration, that's when the president got no points for being a unifier. >> he could've been a little more careful about the ms-13 part come about explaining that not everyone coming from south of the border is necessarily ms-13. >> michiganders were hoping to her plans about investing in crumbling infrastructure, glad to hear pans about combating opioid addiction. and of course an estate payments for struggles to maintain climate in the automotive industry, the talk of moving chrysler jobs from mexico got their attention. >> bret: thanks. up next to a trump signs an executive order keeping guantanamo open. fox 2 in detroit, the start of the final sentencing hearing for former usa gymnastics and

michigan state university dr. larry nassar. >> the judge says 60 victims want to confront him or have a statement read in court. he has already been sentenced to two other trials and essentially is facing life in prison. fox five in las vegas. new information about last year's mass shooting that left 50 people dead. arizona man says he was identified in court documents as a person of interest because he sold ammunition to gunmen stephen paddock. also new questions about the shooting timeline and other aspects. in kansas city, fox 4, shock and disappointment from hundreds of workers losing their jobs at harley-davidson. the motorcycle maker will close its kansas city plant next year. 800 jobs will be lost. many workers say no one saw it coming. others point to a significant downturn in sales.

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♪ >> bret: two u.s. defense officials tell fox news the text of an american missile defense system failed earlier today in hawaii. it is the same type of antiballistic infrastructure the pentagon would depend on to shoot down an intermediate north korean ballistic missile. it was the second failure of the antiballistic missile interceptor since june. president trump intends to keep the terrorist detention facility at guantanamo bay cuba open for business. former president obama spent eight years trying to close it down. national security correspondent jennifer griffin tells us that means suspects could be sent to gitmo for the first time in ten years.

>> we are going to load it up with bad dudes. >> canada donald trump promised to reverse president obama's decision to close guantanamo bay. the last administration said terrorist use as a recruiting tool. it was among president obama's first executive orders. >> guantanamo will be closed no later than one year from now. >> congress blocked efforts to close the facility. last night president trump signed a new executive order giving defense secretary mattis who quietly visited the facility before christmas 90 days to recommend whether those captured on the battlefield should be sent to gitmo for the first time in ten years. >> terrorists are not merely criminals. they are unlawful enemy combatants. when captured overseas, they should be treated like the terrorists they are. >> senator lindsey graham has been a loud proponent of keeping gitmo open. >> i thought the president showed a determination as commander in chief to win a war we can't afford to lose. >> that's going to be used by

every terrorist group worldwide against us. >> guarded by 1500 u.s. troops, 41 prisoners remain at guantanamo bay, among them alleged 9/11 planner khalid sheikh mohammed. 730 detainees have been transferred to 59 country since 2002. 122 former detainees returned to the battlefield. >> in the past, we have foolishly released hundreds and hundreds of dangerous terrorists. only to meet them again on the battlefield. including the isis leader al-baghdadi. >> former state department officials worked tirelessly to close gitmo say terrorists are more likely to be convicted in a federal court. >> the shoe bomber, the underwear bomber, the boston marathon bombers all tried in federal court, all convicted, all housed in the federal

prisons. not a single security incident. >> because the u.s. tax picker about four and $50 million a year to keep gitmo open. in 16 years, despite seven active prosecutions, there've been no convictions by these military tribunals. see you on jennifer, thanks. event senator jim mattis considering a ban on personal cell phones at the pentagon. this comes after data from personal fitness training apps has shown up on the internet revealing the locations of military personnel. pentagon spokesman men's has no official decision has been made. white house white house chief of staff john kelly says the california high school teacher whose antimilitary rent went viral should "go to hell." he made the remark on fox news radio. >> because the military a bunch of dumb blanks. lowest of the low. what's your reaction?

he's teaching 17-year-olds. >> i think the guy ought to go to hell. i hope he enjoys the liberties and the lifestyle that we have fought for. >> bret: he has been placed on administrative leave and remove from all assignments relating to his position on the pico rivera city council. will president trump release that surveillance memo over strong objections from the fbi, justice department. if he does, what will be the reaction? we will ask the panel when we come back.

>> national security lawyers in the white house, they work for me, work for the president. they are slicing and dicing, looking at it so that what it means. >> wants everything so the

american people can make up their own mind. >> nothing is so repugnant and frightening as the republicans all-out assault on law enforcement, the fbi. >> bret: hasn't been this much coverage of a memo no one has seen publicly. i don't think ever. this memo is likely coming out but the fbi pushing back, releasing a statement saying the fbi takes seriously its obligations to the fisa court, its compliance with procedures overseen by career professionals in the department of justice and the fbi. we are committed to working with the appropriate oversight entities to ensure the continuing integrity of the fisa process. with the guard to the house intelligence committee's memo, the fbi was provided a limited opportunity to review this memo on the day before the committee voted to release it. as expressed during our initial review, we have grave concerns about material omissions affect that fundamentally impact the

memo's accuracy. to which the house intel chair, devin nunes, responded with "the memo contains all the revlon facts on fisa abuse after fighting our demands for these documents for months, the fbi doj now seem to be going through a series of increasingly ridiculous, increasingly desperate excuses to avoid transparency." where are we on this? what does that mean? former cia analyst buck sexton. philip bump. bill mcgurn, "wall street journal" ." the fbi clearly laying down a marker here, saying this is what they feel. christopher wray and others. >> federal bureaucracies are always going to spend their energy and time defending themselves, especially where there could be something embarrassing that comes out. as you pointed out, we haven't seen the memo yet so we are doing a lot of debating of something we don't have the

facts on. i would note that at this point what is really the other option. i'm going to pretend this hasn't happened, this national discussion isn't ongoing and we are not going to see what's in the memo? talking about undermining faith and institutions. seems to me that withdrawing congress' ability and obligations do oversight here and then hoping that this just goes away is the worst of all options. the better option is for her to come out. democrats can respond, the fbi can add the contacts they think is necessary in the american people can finally know there is a presidency at stake here. stephen >> ryan seem to indicate that the democratic version of the memo is going to go through the same process. dianne feinstein, senator feinstein says it's clear the goal is to undermine the special counsel's investigation. if transparency where the objective, republicans would support releasing the democratic memo simultaneously but they are blocking it. playing politics with the highly classified information.

the president shouldn't place partisan interests over our national security." this series of events as the speaker describes them. >> i think that the question that overhangs all of this is the question of urgency. what is the urgency at play here. why is it that the memo, to the point, yes, if you release the memo, then the information is out there. the fbi has expressed concerns about the contents of the mental repeatedly on more than one occasion. today rod rosenstein indicated he shared the concerns that the fbi had. the question i think, the broader question here is the question i think is reinforced by what senator feinstein said is why isn't the case that there is no unified document that comes out potentially from the republicans and democrats articulating the concerns with the fisa process and have that be the thing that is presented to the public instead of what's

the worst product. >> i think the fbi's argument is ridiculous. they have shifted the argument. they used to say it was sources and methods. now they are saying basically would be material embarrassing to us. this is the colonel jessup regiment from "a few good men." the american people can't handle the truth. we have two questions over this, i did donald trump collude with the russians to steal the election in 2016 and did the fbi and doj put their fingers on the scale. the remember this is christopher wray in his testimony for confirmation spoke about how he couldn't give congress information because it was classified. this gets us backwards. the fbi's accountable to we the people, congress, not the other way around. >> bret: it seems like it's coming to a head, we are hearing it could be tomorrow. period the president indicated

as he was walking out of the state of union address, 100% it's coming out. what do you think the following will be if the fbi objections -- if it really does make the fbi and the doj look as bad as some republican lawmakers suggested dust. >> it gets us into a critical distinction of the white house and others have been trying to make for a while which is there is no war on the fbi. there is no effort to undermine wholesale's department of justice and all that it does, this is about the actions of a few individuals that were in very senior levels at those institutions and bringing them to light so there can be accountability. the point that was made, congress has oversight here. it's not a separate and independent branch of government. that's why i think the transparency issue here, doesn't seem to be a worthwhile counterargument. i'm not saying it, especially given that they are saying we need our own memo to come out. is it that it was classified or that you want your own say?

>> bret: trying to separate it from the special counsel's investigation seems a little tough. the speaker tried to walk that line yesterday. it's all interconnected. >> seems to be. we said this 100 times. we don't know what is in the memo. but it's clear that one of the concerns that's been raised about the memo is the extent to which the white house is enthusiastic about the release because it will cast doubt on that entire process. that's an aspect to it. i think speaker ryan was trying to be deliberate in saying this is something separate from that to try and erase the sense that might be out there. all of that said, i think -- we are being asked by politicians to trust that they are the objective actors whereas the trained fbi officials were trained to act objectively are the ones that are acting on a partisan basis. i think that's a tough sell for a lot of the american public. >> bret: it changed with the

text messages. it painted a different picture. >> i would rather hear people concerned about truth. there are serious questions raised about the fbi. if the fbi misrepresented information to fisa court, the premier law enforcement agency in the world, that's a big deal because if they change their 300 to form, the interview form, that's a big deal to gets the heart of government. to me it's worse than if a politician's script. if a politician is corrupt, it's one thing. if the objective institutions -- i find it so strange that never have so many thoughts hard to prevent so much information from coming out. seems to me that all the arguments, whether it's lack of contact with her was put together, i want to know whether it was true. if it requires more information, yeah. >> i want to see the memos, the ig report. i want to see it. this is an fbi that's phot giving this information and the

only reason that they exceeded to it is because they -- the director was threatened with a contempt vote in congress. >> bret: the g.o.p. agenda, retiring members, today's train crash. all of it after the state of the union address. keep it here. this week all dell pcs are up to twenty five percent off! save even more when you purchase a dell monitor. and make sure you protect your investment. office depot® officemax. officedepot.com it's ok that everyone ignores it's fine. drive. because i get a safe driving bonus check every six months i'm accident free. and i don't share it with mom! right, mom? righttt. safe driving bonus checks. only from allstate. switching to allstate is worth it.

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>> president trump: to set aside our differences and seek out common ground. this is really the key. these are the people we were elected to serve. >> for them, dignity isn't something they are born rib but

something you measure. beco our expectations for greatness and vision for the president are not high. he stooped to a new low in terms of how he dealt with issues. >> i thought the optimistic tone president trump struck the whole time. >> bret: i said last night after the state of the union address that it was basically two different americas incorporated presented by two different parties. the latest gallup polls the approval rating of the president, if you look at the highest approval ratings in the state, west virginia, president trump is at 61%. other states, north dakota, wyoming, south dakota. here are the approval ratings, the lowest approval rating in the country, washington, d.c., at 6%. the other states, maryland, new york, hawaii, california.

there was a split in the reception. overall if you tracked polls and those polls, instant polls are a little shaky right after the address but it seemed like the white house got what he wanted. >> i have written a few state of the unions. when you do that, there's a lock of sort of gamesmanship. you are trying to get the other side to stand for your things. make it impossible to sit down. the democrats sat through everything and i don't think it helped them. points to one of the problems of the resist movement. that's where the mood of the party's. clearly the democratic senators running for president feel that's where the mood is. they voted to keep the government shutdown. the problem with that is, are you going to have a whole year where you don't work with donald trump on anything? i'm not sure. they couldn't applaud the good economy partly because they were there on tax reform. they couldn't even seemed to be happy that steve scalise was alive. when they were talking about that.

i'm just not sure -- it's not a good look for any part of i think it's going to be hard for them. i think the resist philosophy is at odds with their real interest which is in expanding their representation in the house and senate's. >> bret: we have seen this with both parties, the opposition party has the dour face, don't stand up. the images last night were pretty start. today west virginia senator joe manchin was asked about some of the images. joe manchin from a state that has the highest approval rating of the president. take a listen. >> we are all americans. you have to make it work. you've got a across the aisle. i come out of respect and i showed respect for the president. to sit there and the frown is not going to fix anything. let's embrace each other and try to make it work. when we disagree, we can work through it. >> bret: he is up for reelection but that's how he has positioned himself in the

senate. >> exactly, one of the reasons he was able to be elected governor of west virginia and then elected to the senate. that's who he is. i think it's important to note that overall trumps approval rating nationally is very low. to the point that was just made, yes, democrats are pretty confident that as long as donald trump stays as unpopular as he is nationally, there's only 12 states in that poll where he's at 50% or above. there are 38 states where he's below that. there are 60 contested seats up in november. states were he's at 45% approval or lower. that's a problem for republicans. democrats are happy to have things pinned donald trump. in terms of the unhappiness, had you had barack obama two years ago saying, making comments about obamacare, it's not as the republicans would've been cheering. we are talking about policies the democrats oppose, they are going to sit there no matter how you frame it. >> bret: trey gowdy, a big announcement today with the

retirement. republicans have been stacking them up. did the need of change last night? >> i think there's only a few things anyone will take away from it after about three days. you have democrats posing as the party scowls and frowns. there were some moments that i think will linger in memory. will it matter in the midterms? almost certainly not. one area of policy focus, immigration, i think trump set the marker. from what he said in the past, how he feels about it. he's been willing to perhaps even upset a large portion of his base and make a deal that a lot of people feel like that's not what trump promise. if democrats just stand and refused to do anything, that's a big problem going to the midterms. >> bret: panel, thank you. when we come back from something we might've missed about the state of the union address. in nutritional drink has 15 grams of protein to help maintain muscle

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>> bret: we watch every bit of president trump's state of the union address last night but somehow folks of jimmy kimmel live heard an introduction we completely missed. >> mr. speaker, mr. vice president, members of the congress, crying chuck and little bob and pocahontas to name a few, the commander-in-chief, ceo of trump international casino hotels, owner of the exquisite mar-a-lago resort and the genius of the world he with the most enormous hand, president of the united states states, donald j. trump.

>> bret: i'm not sure how that got passed us. thank you for inviting into your home tonight and last night. that's it for this special report. "the story" by martha maccallum starts now. martha, i didn't see that. >> martha: thank you, bret. tonight on "the story" today the g gymnastics entire board resigned and it's now an expanding investigation of who else knew. including the famed coaches who hired nassar, the caroli. >> it's hard to believe they didn't know. >> i think the abuse there and how intense it was.